Photo Courtesy: India Today Group
Gangtok: The Sikkim High Court struck down a Rs 564.96-crore land award for the Indian Army. Chief Justice A. Muhamed Mustaque ruled the Mangan Collector acted prematurely. The court ordered the state government to reconsider the valuation after hearing from all stakeholders. The dispute involves 102.11 hectares of land near the international border in Lachen, Lachung and Chungthang.
Defence Estates officials and the Union of India challenged the January 18, 2023, award. They claimed the Collector ignored their repeated objections regarding the price. The Collector set the rate at Rs 150 per square foot. This was a jump from the original Rs 65 per square foot preliminary notification. The court found the Collector merged the initial valuation with the final award into one document.
This shortcut broke the rules. The court stated, "The Sikkim High Court has ruled that a Rs 564.96-crore award issued by the Mangan Collector for land acquired by the Indian Army cannot be treated as a final compensation award." This forced move blocked the state from checking the legality of the math under Section 36 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While governments rarely sue their own Collectors, the court allowed this petition. The composite award destroyed the mandatory statutory process.
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